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NY 899257

July 6, 1994

CLA-2-42:S:N:N6:341 899257


TARIFF NO.: 4202.92.3030

Mr. Harold Dichter
Leyden Customs Expeditors, Inc.
99 Hudson Street
New York, NY 10013-2896

RE: The tariff classification of a nylon carrying bag from China.

Dear Mr. Dichter:

In your letter dated June 13, 1994, on behalf of Mespo Umbrellas, Ltd., you requested a classification ruling for a nylon carrying bag.

The sample submitted, no style number indicated, described as a "Magma Marine Cuisine", is a carry bag for a portable barbecue unit designed for a boat. The bag is composed of 100 percent nylon woven fabric measuring approximately 20 inches in width and 21 inches in length. The top of the bag is secured by means of a braided textile drawstring closure which doubles as a carrying strap. The front of the bag is printed with the "Magma Marine Cuisine" trademark.

The applicable subheading for the carrying bag of 100 percent nylon woven fabric will be 4202.92.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for travel, sports and similar bags, with outer surface of textile materials, other, of man-made fibers, other. The duty rate will be 20 percent ad valorem.

Items classifiable under 4202.92.3030 fall within textile category designation 670. As a product of China this merchandise is subject to visa requirements and quota restraints based upon international textile trade agreements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

Your reference to the country of origin marking being stamped on the clasp closure noted. Section 304 of the Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of a foreign origin imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

Part 134, Customs Regulations (19 CFR Part 134), implements the country of origin marking requirements and exceptions of 19 U.S.C. 1304. Section 134.41(b), mandates that the ultimate purchaser in the U.S. must be able to find the marking easily and read it without strain.

It is the opinion of this office that a stamp on the black clasp closure is not as legible and permanent as the nature of the article will permit. It is not only a blind spot, but also it does not indicate whether the bag or the clasp was "Made in China". It is recommended that in order to be as legible and permanent as the article will permit, the bag must be marked with a sewn-in fabric label which reads "Made in China" into the top inside seam.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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